Introduction to partner or spouse visa UK

This visa covers a broad definition of individuals, including your:

  • Partner
  • Spouse
  • Civil partner 
  • Fiancé or proposed civil partner (please note that information for a Fiancé visa is separately set out) 
  • Unmarried partners who have been living together in a committed relationship as if they were married for at least 2 years.

You can apply to bring a partner or spouse to join you in the UK if you:

  • Are a British or Irish citizen;
  • Are settled in the UK and have indefinite leave to remain, permanent residence or settled status;
  • Have some form of protection status, as a refugee or humanitarian protection in the UK;
  • Have a Turkish businessperson or Turkish worker visa; or  
  • Have permission to remain as a stateless person.

Eligibility requirements for a partner or spouse visa

To make a successful visa application, you and your partner or spouse will need to meet the eligibility requirements for the visa that you require, which broadly are:

  • You both intend to live together in the UK after your partner or spouse joins you.
  • There is adequate accommodation in the UK for your partner or spouse to live with you. 
  • Your relationship is genuine and subsisting, which can be demonstrated by a range of evidence, for example: a marriage or civil partnership certificate, regular contact, shared address, shared financial commitments, or evidence that you have both visited the home country of your partner or spouse together.
  • Additionally, for a partner visa, you will need to evidence you have lived together for at least two years at the time of application.
  • You will also need to meet the minimum income requirements of a certain level of combined income (this is subject to change depending on Government policy). Income can be from a range of accepted sources. 
  • Your partner or spouse meets the minimum English language requirement unless exempt. 
  • A tuberculosis (TB) medical test pass, depending on the country of residence of your partner or spouse.

Partner visa

If you are applying for a partner visa and you have been in a relationship with your partner for less than 2 years, you may still be able to be able to make a visa application, but you will need to provide evidence that:

  • There would be significant difficulties for you and your partner if you had to reside as a couple outside the UK.
  • These difficulties cannot be overcome, or it would breach your human rights under the European Convention on Human Rights if you were unable to live in the UK or if you would be required to leave the UK.

Duration of a partner or spouse visa

If successful, a partner or spouse visa will normally have an initial grant of 2 years and 9 months if applying from outside the UK or 2 years and 6 months if applying from within the UK. You must apply for an extension to the visa prior to the visa expiry date and if successful this grant will be for a further period of 2 years and 6 months.

After living in the UK for 5 or 10 years depending on which route the partner or spouse visa is granted (this will depend on whether all the requirements were met), an application can be made for indefinite leave to remain in the UK.

10-year route to the 5-year route

It is possible to switch from the 10-year route to the 5-year route for indefinite leave to remain in the UK on a partner or spouse visa if circumstances change and all the requirements under the Immigration Rules can now be met. However, the time spent in the UK which counts towards indefinite leave to remain application may be reset.

Remember that immigration laws can change so it is best to seek up to date advice before submitting an application.

We’re here to help you

When it comes to obtaining reliable legal advice, Seraphus is your dedicated source of expert guidance.

We specialise in providing personalised support to help you navigate the complexities of the application process, ensuring a seamless and hassle-free experience.

Contact us today using the contact us form.

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